Maritimes & Northeast Pipeline, L.L.C.
First Revised Volume No. 1
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Effective Date: 12/01/1999, Docket: RP99-500-000, Status: Effective
Original Sheet No. 242 Original Sheet No. 242 : Effective
GENERAL TERMS AND CONDITIONS
(continued)
8. CURTAILMENT (continued)
(d) affirmation that no alternate fuel could be utilized
or is available to be utilized to prevent the
necessity for an exception to the curtailment
provisions of this Section 8.6; and
(e) affirmation that, if the Emergency Situation is an
environmental emergency, the Customer has made and
continues to make all feasible efforts to resolve the
environmental emergency, including requests for
waiver, exemption, and other relief from any
regulation, directive, order or other equipment of a
governmental body.
Customer shall provide Pipeline immediate notice of the
cessation of the Emergency Situation.
Notwithstanding any provision of this Section, however,
Customer shall not be entitled to relief under this
Section: (1) to the extent that an Emergency Situation is
due to the Customer's failure to have adequate
transportation arrangements in effect for the delivery of
Customer's gas at the Point(s) of Receipt or Delivery
during the relevant period, or (2) to the extent that the
quantity of gas required to meet such Emergency Situation
exceeds such Customer's firm contractual rights.
Pipeline shall not be liable for granting exceptions to the
curtailment provisions of this Section 8 for any Customer
based upon a request submitted by any such Customer to
Pipeline under the Emergency Situation relief provisions of
this Section 8.6. In the event Customer does not provide
the sworn statement as required by such Section, then all
quantities attributable to the adjustments made by Pipeline
shall be billed, in addition to all other charges, at a
rate of $50 per Dth. All revenues attributable to such $50
per Dth charge shall be credited, pro rata on the basis of
the increase in curtailment caused by the invocation of
Section 8.6., to those Customers curtailed to a lower
quantity as a result of the anticipated sworn statement.